Rhodes v. City of Asheville

• Decision Date: 11 May 1949
• Docket Number: 162
• Citation: Rhodes v. City of Asheville, 230 N.C. 759, 53 S.E.2d 313 (N.C. 1949)
• Parties: RHODES v. CITY OF ASHEVILLE.
• Court: North Carolina Supreme Court

53 S.E.2d 313

230 N.C. 759

RHODES v. CITY OF ASHEVILLE.

No. 162

Supreme Court of North Carolina

May 11, 1949

BARNHILL and WINBORNE, Justices on petition to rehear:

On their petition for rehearingthe defendants contend that the one quetion presented on the appeal was as to the effect of the language used in the Act under which the Asheville-Hendersonville Airport Authority was created, to wit: 'The acquisition, establishment, construction enlargement, improvement, maintenance * * * and the exercise of any other powers herein granted to municipalities, are hereby declared to be public, governmental and municipal functions, exercised for a public purpose and matters of public necessity. 'They contend that this is plain unambiguous language which does not call for interpretation and that none was sought, either by the appellee or the appellants.The petition for rehearing is based on the assumption that the Court misapprehended the question presented and proceeded to...